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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » January » 18
ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 6 : "GORILLAS FROM THE NORTH": SIR HARRY OGNALL

ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 6 : “GORILLAS FROM THE NORTH”: SIR HARRY OGNALL

January 18, 2018 · by gexall · in Advocacy, Book Review, Members Content

In this series about a judge’s guide to advocacy I looking at – and recommending –   “A Life of Crime” by (Sir) Harry Ognall (plain “Harry Ognall” on the front page of the book).  Unlike a lot of memoirs this…

WHEN THE PLEADINGS APPEAR TO HAVE BEEN PUT IN THE PAPER BIN AT TRIAL (SHADES OF THE OFFICE)

WHEN THE PLEADINGS APPEAR TO HAVE BEEN PUT IN THE PAPER BIN AT TRIAL (SHADES OF THE OFFICE)

January 18, 2018 · by gexall · in Appeals, Applications, Members Content, Statements of Case, Witness statements

The judgment in Premier Paper Group Ltd v Buchanan McPherson Ltd [2018] EWCA Civ 15 contains some interesting observations about the way in which the parties departed from their pleadings.  Although the claim succeeded this case how important it is that…

PROVING THINGS 83: WHEN A DEFENDANT DOES NOT GIVE EVIDENCE, ADVERSE INFERENCES CAN BE DRAWN: STAGED CRASH ESTABLISHED

PROVING THINGS 83: WHEN A DEFENDANT DOES NOT GIVE EVIDENCE, ADVERSE INFERENCES CAN BE DRAWN: STAGED CRASH ESTABLISHED

January 18, 2018 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

In UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) Mr Justice Teare considered what inferences can properly be drawn when a defendant, accused of dishonesty, does not give evidence. KEY POINTS The claimant brought a case in deceit – alleging…

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COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
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EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
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